 Every holder is deemed prima facie to be a holder in due course ; but when it is shown that the title of any person who has negotiated the instrument was defective, the burden ia on the holder to prove that he or some person under whom he claims, acquired...  The New York Supplement - Page 2851921Full view - About this book
 | Utah. Supreme Court, Albert Hagan, John Augustine Marshall, John Maxcy Zane, James A. Williams, Joseph M. Tanner, George L. Nye, John Walcott Thompson, August B. Edler, Alonzo Blair Irvine, Harmel L. Pratt, William S. Dalton, H. Arnold Rich - Law reports, digests, etc - 1910 - 688 pages
...3. BILLS AND NOTES. Under Comp. Laws 1907, section 1611, providing that every holder Is deemed prime facie to be a holder In due course, but, when it is shown that the title of any person who negotiated the instrument was defective, the burden is on the holder to prove that he -or some one... | |
 | Utah. Supreme Court, Albert Hagan, John Augustine Marshall, John Maxcy Zane, James A. Williams, Joseph M. Tanner, George L. Nye, John Walcott Thompson, August B. Edler, Alonzo Blair Irvine, Harmel L. Pratt, William S. Dalton, H. Arnold Rich - Law reports, digests, etc - 1912 - 666 pages
...favor of the defendant. The plaintiff appeals. The court, among other things, charged the jury that every holder is deemed prima facie to be a holder in due course; that by "holder in due course" is meant one who becomes a holder of the instrument before it is overdue,... | |
 | Law reports, digests, etc - 1908 - 1282 pages
...instruments act by which it is provided in section 59 (Code Supp. 1907, § ЗОбОаЗО), as follows: "Every holder is deemed prima facie to be a holder...the burden is on the holder to prove that he or some pei-son under whom he claims acquired the title as a holder in due course. But the last mentioned rule... | |
 | American Bar Association - Law - 1905 - 980 pages
...only without consideration, but by a fraud on the makers of the note. Under s. 59 (Crawf., s. 98), when it is shown that the title of any person who has negotiated an instrument is defective, the burden is on the holder to prove that he or some person under whom... | |
 | Law reports, digests, etc - 1922 - 1138 pages
...indorsee of a bill or note, who is in possession of it, or the bearer thereof." Section 5377 says: "Every holder is deemed prima facie to be a holder in due course." Even a payee who gets the note direct from the maker is a prima facie holder In due course. Of course,... | |
 | Law reports, digests, etc - 1905 - 1120 pages
...the full amount thereof against all parties liable thereon." "Sec. 76. Every holder is deemed prlma facie to be a holder in due course; but when it is shown that the title of any person who was negotiated the instrument was defective the burden is on the holder to prove that he or some other... | |
 | Law reports, digests, etc - 1918 - 1210 pages
...means" — and also: "If it has been shown by the evidence in this case that the title of the person who negotiated the instrument was defective, the burden is on the holder to prove that he acquired the title as a holder in due course." The court also instructed the Jury as to what constituted... | |
 | Law reports, digests, etc - 1923 - 1220 pages
...as fraudulent. As ruled in Everding & Farrell v. Toft, 82 Or. 1, 150 Рас. 757, 160 Рас. 1160 : "When it is shown that the title of any person who has negotiated an instrument was defective, the burden is on the holder to prove that he or some person under whom... | |
 | Law reports, digests, etc - 1911 - 1164 pages
...accommodation note, would not constitute a defense against a holder in due course, and section 78 declares that "every holder is deemed prima facie to be a holder in due course." Section 71 defines a holder in due course: (1) The Instrument must be complete and regular on its face.... | |
 | Law reports, digests, etc - 1920 - 1278 pages
...Kentucky Statutes, and under subsection 59 of section 3720b: "Every holder [of a negotiable instrument] is deemed prima facie to be a holder in due course;...holder to prove that he or some person under whom he j claims acquired the title as a holder in due course." [S] The meaning of this is that when the defendant... | |
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